Children (Scotland) Act 1995

Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)

12 (1) The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with this paragraph.

(2) In section 20(3)(a) (re-registration of birth of person under sixteen), for sub-paragraphs (i) and (ii) substitute “, by any person (whether or not he has himself attained the age of sixteen years) having parental responsibilities in relation to that person;”.

(3) In section 43 (recording of baptismal name or change of name or surname)—

(a) in subsection (3), the words from “In this” to the end shall cease to have effect;

(b) in subsections (6)(a) and (7), for the words “the parent or guardian” substitute “the qualified applicant”;

(c) after subsection (9) insert—

“(9A) In this section “qualified applicant” means—

(a) where only one parent has parental responsibilities in relation to the child, that parent;

(b) where both parents have such responsibilities in relation to the child, both parents; and

(c) where neither parent has such responsibilities, any other person who has such responsibilities.

(9B) A person may be a qualified applicant for the purposes of this section whether or not he has attained the age of sixteen years”; and

(d) subsection (10) shall cease to have effect.

(4) In section 53(3)(c) (offence of failure by parent to give information concerning birth), after the word “fails” insert “without reasonable excuse”.

(5) In section 56(1) (interpretation), after the definition of “parentage” insert—

““parental responsibilities” has the meaning given in section 1(3) of the Children (Scotland) Act 1995;”

13 Where, at any time after the coming into force of the [1991 c. 50.] Age of Legal Capacity (Scotland) Act 1991 but before the coming into force of—

(a) sub-paragraph (2) of paragraph 12 of this Schedule, a person’s mother or father, who had not at that time attained the age of sixteen years, purported to apply under section 20(3)(a) of that Act to re-register the person’s birth, the mother, or as the case may be the father, shall be presumed to have had legal capacity to make the application; or

(b) sub-paragraph (3)(c) of that paragraph, a person who had not at that time attained the age of sixteen years purported to make an application under any provision of section 43 of that Act (“making an application” including for the purposes of this sub-paragraph, without prejudice to the generality of that expression, signing and delivering a certificate in accordance with subsection (3) of that section) the person shall be presumed to have had legal capacity to make the application.